Tweedie v R [2015] NSWCCA 71

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Tweedie v R [2015] NSWCCA 71 Hearing dates: 16 April 2015 Decision date: 16 April 2015 Before: Basten JA at [53]; R A Hulme J at [1]; Adamson J at [59] Decision: 1. Leave to appeal against sentence granted. 2. Appeal dismissed. Catchwords: CRIMINAL LAW – appeals – appeal against sentence – dishonesty offences – fraud – larceny – goods in custody – whether judge's rejection of applicant's evidence of remorse procedurally unfair –where evidence not challenged in cross-examination – where no indication given at hearing that evidence was to be accepted – open to the judge to reject applicant's evidence of remorse - no denial of procedural fairness

CRIMINAL LAW – appeals – appeal against sentence - aggregate sentencing – whether principles of aggregate sentencing properly applied – criminality of individual offences appropriately assessed - judge not required to detail process of accumulation and application of principle of totality – no error established

CRIMINAL LAW – appeals – appeal against sentence – aggregate sentencing – discount for guilty plea – discount not to be applied to aggregate sentence – discount a matter to be taken into account in determining indicative sentences – no error established Legislation Cited: Crimes Act 1900 (NSW) ss 117, 192E, 527C Crimes (Sentencing Procedure) Act 1999 (NSW) ss 21A, 22, 53A Criminal Procedure Act 1986 (NSW) s 166 Cases Cited: Dang v R [2014] NSWCCA 47 Dinsdale v The Queen (2000) 202 CLR 321 JM v R [2014] NSWCCA 297 Liles v R (Cth) [2014] NSWCCA 289 R v Brown [2012] NSWCCA 199 R v Nykolyn [2012] NSWCCA 219 Subramaniam v R [2013] NSWCCA 159 Toole, Kurt v R; Toole, Joshua v R [2014] NSWCCA 318 Truong v R; R v Le; Nguyen v R; R v Nguyen [2013] NSWCCA 36 Category: Principal judgment Parties: Carl Lyle Tweedie (Applicant) Regina (Respondent) Representation: Counsel: Mr J Nicholson SC (Applicant) Mr P Ingram SC (Crown) Solicitors: S Alexander Solicitor for Public Prosecutions File Number(s): 2013/236458 Decision under appeal Court or tribunal: District Court Date of Decision: 7 March 2014 Before: King SC DCJ File Number(s): 2013/236458